IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19222 of 2018 Arising Out of PS. Case No.-476 Year-2016 Thana- KANKARBAG District- Patna ====================================================== 1. Yashita Srivastava Daughter of Abhay Kumar Srivastava, 2. Usha Srivastava, Wife of Abhay Kumar Srivastava, Both resident of Sarsawati Niwas, Jawahar Colony, Postal Park, P.O. G.P.O., P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s Versus 1. The State Of Bihar 2. Kumari Kalyani W/o Late Nityanand Singh R/o-Postal Park, Road No. 1, PS-Kankarbagh, District-Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Govind, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL JUDGMENT Date : 18-08-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Opposite Party No. 2. 2. The instant application has been filed on behalf of the petitioners for quashing of the order dated 19.11.2016 passed by the learned Judicial Magistrate 1st Class, Patna by which cognizance came to be taken against the petitioners under Sections 341, 342, 323, 504 and 354 of the Indian Penal Code in connection with Kankarbagh P.S. Case No. 476 of 2016. 3. As per the allegations, at about 04:30 P.M., the son of the informant had gone to a shop for getting certain documents photocopied. It has been alleged that he was assaulted by the Patna High Court CR. MISC. No.19222 of 2018 dt.18-08-2026 2/4 accused persons on the allegation that he was involved in theft. Upon reaching the spot, the daughter of the informant was also allegedly abused in filthy language. When she protested against such conduct, co-accused Abhay Kumar Srivastava is alleged to have also abused her in filthy language. It has lastly been alleged that the daughter and wife of co-accused Abhay Kumar Srivastava, who are the present petitioners, have also assaulted and abused the informant's daughter. 4. Learned counsel for the petitioners has submitted that the petitioners are ladies and none of the ingredients to constitute offence under Section 354 of the Indian Penal Code is made out against the petitioners. It has further been submitted that there is no injury report on record to substantiate the allegation of assault, so as to constitute offence under Section 323 of the Indian Penal Code. Moreover, there is no allegation that any person was illegally confined, so as to constitute offence under Sections 341 and 342 of the Indian Penal Code. It has further been submitted that so far as offence under Section 504 of the Indian Penal Code is concerned, it is not the case of the informant that the alleged insult was as such, which could breach the public peace. It has further been submitted that the present case is attended with malice and personal vendetta and the allegation against the petitioners is Patna High Court CR. MISC. No.19222 of 2018 dt.18-08-2026 3/4 vexatious and malicious in nature. It has further been submitted that the investigation of this case was done in a perfunctory manner and the investigating agency, without any cogent material against the petitioners, has submitted chargesheet and subsequently, the learned Magistrate took cognizance against the petitioners in a mechanical manner without applying his judicial mind upon such submission of the chargesheet. It has further been submitted referring to the written report that the allegation of assault and abuse by these petitioners have been inserted subsequently at the concluding portion of the written report and the same could be gathered from the naked eye that two different pens have been used while preparation of the written report. It has further been submitted referring to the judgment of the Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajanlal reported in 1992 Supp (1) SCC 335, that the present case squarely falls within the Category Nos. 1, 3 and 11 of the said judgment. 5. Learned APP for the State and learned counsel for the Opposite Party No. 2 have vehemently opposed the prayer of the petitioners. Learned counsel for the Opposite Party No. 2 has submitted that a young girl was misbehaved and was assaulted also and there are prima facie materials available on records to Patna High Court CR. MISC. No.19222 of 2018 dt.18-08-2026 4/4 constitute offence for which cognizance has been taken against the petitioners. The order taking cognizance requires no interference. 6. Considering the facts and circumstances of this case, nature of the allegations, and the intervening facts and circumstances, the impugned order taking cognizance dated 19.11.2016, passed by the learned Judicial Magistrate 1st Class, Patna, as regards the present petitioners only is hereby quashed. However, further proceeding with respect to co-accused Abhay Kumar Srivastava, may continue. 7. Accordingly, the application stands allowed. Ankit Kumar/- (Praveen Kumar, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.08.2026 Transmission Date 20.08.2026